VIVEK MAHESH KHATRI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD. Rule. Returnable forthwith.

(2.) HEARD finally with consent of parties.

(3.) APPLICANT is the accused and the non applicant No.2 is the complainant. Non applicant No.2 has instituted a criminal complaint under Section 138 of the Negotiable Instruments Act against the present applicant since the cheque issued by the applicant was dishonoured. Accused moved the Sessions Judge for recall of the order of issue of process on the ground that the said order of issue of process was passed by the Magistrate without recording the Verification Statement. Learned Sessions Judge dismissed the revision holding that there was no necessity to record such statement and the law as cited by the counsel for the accused was prospective in nature.